50 CFR § 216.71-216.74 - Regulations governing the taking and importing of marine mammals - Pribilof Islands, Taking for Subsistence Purposes

72 50 CFR Ch. II (10–1–22 Edition) §§ 216.48–216.49 within three months after the original project has been completed. (b) [Reserved] [69 FR 41979, July 13, 2004] §§ 216.48–216.49 [Reserved] Subpart E—Designated Ports § 216.50 Importation at designated ports. (a) Any marine mammal or marine mammal product which is subject to the jurisdiction of the National Marine Fisheries Service, National Oceanic and Atmospheric Administration, De partment of Commerce and is intended for importation into the United States shall be subject to the provisions of 50 CFR part 14. (b) For the information of importers, designated ports of entry for the United States are: New York, N.Y. Miami, Fla. Chicago, Ill. San Francisco, Calif. Los Angeles, Calif. New Orleans, La. Seattle, Wash. Honolulu, Hi. (c) Additionally, marine mammals or marine mammal products which are entered into Alaska, Hawaii, Puerto Rico, Guam, American Samoa or the Virgin Islands and which are not to be forwarded or transhipped within the United States may be imported through the following ports: Alaska—Juneau, Anchorage, Fairbanks Hawaii—Honolulu Puerto Rico—San Juan Guam—Honolulu, Hi. American Samoa—Honolulu, Hi. Virgin Islands—San Juan, P.R. (d) Importers are advised to see 50 CFR part 14 for importation require ments and information. [39 FR 1852, Jan. 15, 1974. Redesignated at 59 FR 50376, Oct. 3, 1994] Subpart F—Pribilof Islands, Taking for Subsistence Purposes § 216.71 Allowable take of fur seals. Pribilovians may take fur seals on the Pribilof Islands if such taking is (a) For subsistence uses, and (b) Not accomplished in a wasteful manner. [51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.72 Restrictions on subsistence use of fur seals. (a) The harvests of seals on St. Paul and St. George Islands shall be treated independently for the purposes of this section. Any suspension, termination, or extension of the harvest is applica ble only to the island for which it is issued. (b)–(c)[Reserved] (d) St. George Island. The subsistence fur seal harvest restrictions described in paragraphs (d)(1) through (5) of this section apply exclusively to the har vest of sub-adult fur seals; restrictions that apply exclusively to the harvest of young of the year fur seals can be found in paragraphs (d)(6) through (11) of this section. For the taking of fur seals for subsistence uses, Pribilovians on St. George Island may harvest up to a total of 500 male fur seals per year over the course of both the sub-adult male harvest and the male young of the year harvest. Pribilovians are au thorized each year up to three mortali ties of female fur seals associated with the subsistence seasons. Any female fur seal mortalities will be included in the total authorized subsistence harvest of 500 fur seals per year. (1) Pribilovians may only harvest sub-adult male fur seals 124.5 centi meters or less in length from June 23 through August 8 annually on St. George Island. (2) Pribilovians may harvest sub adult male fur seals at the hauling grounds shown in Figure 1 to part 216. No hauling ground may be harvested more than twice per week. (3) [Reserved] (4) The scheduling of the sub-adult male harvest is at the discretion of the Pribilovians, but must be such as to minimize stress to the harvested seals. The Pribilovians must give adequate advance notice of their harvest sched ules to the NMFS representatives to allow for necessary monitoring activi ties. No fur seal may be taken except by experienced sealers using the tradi tional harvesting methods, including stunning followed immediately by VerDate Sep<11>2014 16:47 Jan 20, 2023 Jkt 256245 PO 00000 Frm 00082 Fmt 8010 Sfmt 8010 Q:\50\50V10.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith D IS T IL LE R 73 National Marine Fisheries Service/NOAA, Commerce ยง 216.72 exsanguination. The harvesting meth od shall include organized drives of sub-adult male fur seals to killing fields, unless the NMFS representa tives determine, in consultation with the Pribilovians conducting the har vest, that alternative methods will not result in increased disturbance to the rookery or the increased accidental take of female seals. (5) [Reserved] (6) Pribilovians may only harvest male young of the year from Sep tember 16 through November 30 annu ally on St. George Island. Pribilovians may harvest up to 150 male fur seal young of the year annually. (7) No more than 50 male young of the year may be harvested from each of the following regions where fur seals congregate: East region includes the breeding areas known as East Reef and East Cliffs rookeries and the associated non-breeding hauling grounds; South region includes the breeding areas known as Zapadni and South rookeries and the associated non-breeding haul ing grounds; and North region includes the breeding areas known as North and Staraya Artil rookeries and associated non-breeding hauling grounds, as shown in Figure 1 to part 216. No area may be harvested more than twice per week and must be in accordance with paragraph (d)(10) of this section. (8) The scheduling of the young of the year harvest is at the discretion of the Pribilovians, but must be such as to minimize stress to the harvested and un-harvested fur seals and minimize the take of female fur seals. The Pribilovians must give adequate ad vance notice of their harvest schedules to the NMFS representatives to allow for necessary monitoring activities. No fur seal may be taken except by sealers using the harvesting methods imple mented to reduce disturbance, injury, and accidental mortality of female fur seals. Pribilovians may use, but are not limited to, organized drives of young of the year fur seals from congregating areas to inland killing fields. Methods of harvest must include identification of male young of the year, followed by stunning and immediate exsanguination, unless the NMFS rep resentatives, in consultation with the Pribilovians conducting the harvest, determine that alternative methods will not result in increased stress to harvested and un-harvested fur seals, increased disturbance or injury to rest ing fur seals, or the accidental mor tality of female seals. (9) [Reserved] (10) No young of the year fur seals may be taken from any designated breeding area or its associated hauling ground(s) where the most recent NMFS analysis projects that pup production has greater than a 5 percent prob ability of falling below a level capable of sustaining a harvest in 10 years. (11) No more than 120 days after the final subsistence harvest each calendar year, NMFS representatives and St. George Island community members must review the implementation of the harvest and consider best harvest prac tices and determine if implementation can be improved to better meet the subsistence needs of the St. George Is land community or reduce negative ef fects on fur seals. (e) St. Paul Island. For the taking of fur seals for subsistence uses, Pribilovians on St. Paul Island are au thorized to take by hunt and harvest up to 2,000 juvenile (less than 7 years old, including pups) male fur seals per year. (1) Juvenile male fur seals may be killed with firearms from January 1 through May 31 annually, or may be killed using alternative hunting meth ods developed through the St. Paul Is land Co-management Council if those methods are consistent with ยง 216.71 and result in substantially similar ef fects. A firearm is any weapon, such as a pistol or rifle, capable of firing a mis sile using an explosive charge as a pro pellant. (2) Juvenile male fur seals may be harvested without the use of firearms from June 23 through December 31 an nually. Authorized harvest may be by established harvest methods of herding and stunning followed immediately by exsanguination, or by alternative har vest methods developed through the St. Paul Island Co-management Council if those methods are consistent with ยง 216.71 and result in substantially simi lar effects. (3) Pribilovians are authorized each year up to 20 mortalities of female fur VerDate Sep<11>2014 16:47 Jan 20, 2023 Jkt 256245 PO 00000 Frm 00083 Fmt 8010 Sfmt 8010 Q:\50\50V10.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith D IS T IL LE R 74 50 CFR Ch. II (10–1–22 Edition) § 216.73 seals associated with the subsistence seasons. Any female fur seal mortali ties will be included in the total num ber of fur seals authorized per year for subsistence uses (2,000). (f) Subsistence use suspension provi sions. (1) The Assistant Administrator is required to suspend the take pro vided for in § 216.71 on St. George and/or St. Paul Islands, as appropriate, when: (i) He or she determines that subsist ence use is being conducted in a waste ful manner; or (ii) With regard to St. George Island, two female fur seals have been killed during the subsistence seasons on St. George Island. (2) A suspension based on a deter mination under paragraph (f)(1)(i) of this section may be lifted by the As sistant Administrator if he or she finds that the conditions that led to the de termination that subsistence use was being conducted in a wasteful manner have been remedied. (3) A suspension based on a deter mination under paragraph (f)(1)(ii) of this section may be lifted by the As sistant Administrator if he or she finds that the conditions that led to the kill ing of two female fur seals on St. George Island have been remedied and additional or improved methods to de tect female fur seals during the sub sistence seasons are being imple mented. (g) Subsistence use termination provi sions. The Assistant Administrator shall terminate the annual take pro vided for in § 216.71 on the Pribilof Is lands, as follows: (1) For St. Paul Island: (i) For the hunting of juvenile male fur seals with firearms, at the end of the day on May 31 or when 2,000 fur seals have been killed, whichever comes first; (ii) For the harvest of juvenile male fur seals without firearms, at the end of the day on December 31 or when 2,000 fur seals have been killed, whichever comes first; or (iii) When 20 female fur seals have been killed during the subsistence sea sons. (2) For St. George Island: (i) For the sub-adult male harvest, at the end of the day on August 8 or when 500 sub-adult male seals have been har vested, whichever comes first; (ii) For the male young of the year harvest, at the end of the day on No vember 30 or earlier when either of the following occurs first: 150 male young of the year fur seals have been har vested or a total of 500 male sub-adult and male young of the year fur seals have been harvested; or (iii) When three female fur seals have been killed during the subsistence sea sons. [51 FR 24840, July 9, 1986, as amended at 57 FR 33902, July 31, 1992; 59 FR 35474, July 12, 1994. Redesignated at 61 FR 11750, Mar. 22, 1996, as amended at 79 FR 65337, Nov. 4, 2014; 84 FR 52382, Oct. 2, 2019; 85 FR 15948, Mar. 20, 2020] § 216.73 Disposition of fur seal parts. Except for transfers to other Alaskan Natives for barter or sharing for per sonal or family consumption, no part of a fur seal taken for subsistence uses may be sold or otherwise transferred to any person unless it is a nonedible by product which: (a) Has been transformed into an ar ticle of handicraft, or (b) Is being sent by an Alaskan Na tive directly, or through a registered agent, to a tannery registered under 50 CFR 216.23(c) for the purpose of proc essing, and will be returned directly to the Alaskan Native for conversion into an article of handicraft, or (c) Is being sold or transferred to an Alaskan Native, or to an agent reg istered under 50 CFR 216.23(c) for resale or transfer to an Alaskan Native, who will convert the seal part into a handi craft. [51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.74 Cooperation between fur seal subsistence users, tribal and Fed eral officials. Federal scientists and Pribilovians cooperatively manage the subsistence use of northern fur seals under section 119 of the Marine Mammal Protection Act (16 U.S.C. 1388). The federally rec ognized tribes on the Pribilof Islands have signed agreements describing a shared interest in the conservation and management of fur seals and the des ignation of co-management councils VerDate Sep<11>2014 16:47 Jan 20, 2023 Jkt 256245 PO 00000 Frm 00084 Fmt 8010 Sfmt 8010 Q:\50\50V10.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith D IS T IL LE R 75 National Marine Fisheries Service/NOAA, Commerce § 216.87 that meet and address the purposes of the co-management agreements for representatives from NMFS, St. George and St. Paul tribal governments. NMFS representatives are responsible for compiling information related to sources of human-caused mortality and serious injury of marine mammals. The Pribilovians are responsible for report ing their subsistence needs and actual level of subsistence take. This informa tion is used to update stock assessment reports and make determinations under § 216.72. Pribilovians who take fur seals for subsistence uses collabo rate with NMFS representatives and the respective Tribal representatives to consider best subsistence use prac tices under co-management and to fa cilitate scientific research. [84 FR 52383, Oct. 2, 2019, as amnded at 85 FR 15948, Mar. 20, 2020] Subpart G—Pribilof Islands Administration § 216.81 Visits to fur seal rookeries. From June 1 to October 15 of each year, no person, except those author ized by a representative of the National Marine Fisheries Service, or accom panied by an authorized employee of the National Marine Fisheries Service, shall approach any fur seal rookery or hauling grounds nor pass beyond any posted sign forbidding passage. [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.82 Dogs prohibited. In order to prevent molestation of fur seal herds, the landing of any dogs at Pribilof Islands is prohibited. [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.83 Importation of birds or mam mals. No mammals or birds, except house hold cats, canaries and parakeets, shall be imported to the Pribilof Islands without the permission of an author ized representative of the National Ma rine Fisheries Service. [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.84 [Reserved] § 216.85 Walrus and Otter Islands. By Executive Order 1044, dated Feb ruary 27, 1909, Walrus and Otter Islands were set aside as bird reservations. All persons are prohibited to land on these islands except those authorized by the appropriate representative of the Na tional Marine Fisheries Service. [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.86 Local regulations. Local regulations will be published from time to time and will be brought to the attention of local residents and persons assigned to duty on the Islands by posting in public places and brought to the attention of tourists by personal notice. [41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996] § 216.87 Wildlife research. (a) Wildlife research, other than re search on North Pacific fur seals, in cluding specimen collection, may be permitted on the Pribilof Islands sub ject to the following conditions: (1) Any person or agency, seeking to conduct such research shall first obtain any Federal or State of Alaska permit required for the type of research in volved. (2) Any person seeking to conduct such research shall obtain prior ap proval of the Director, Pribilof Islands Program, National Marine Fisheries Service, National Oceanic and Atmos pheric Administration, 1700 Westlake Avenue North, Seattle, WA 98109, by filing with the Director an application which shall include: (i) Copies of the required Federal and State of Alaska permits; and (ii) A resume of the intended research program. (3) All approved research shall be subject to all regulations and adminis trative procedures in effect on the Pribilof Islands, and such research shall not commence until approval from the Director is received. (4) Any approved research program shall be subject to such terms and con ditions as the Director, Pribilof Islands Program deems appropriate. VerDate Sep<11>2014 16:47 Jan 20, 2023 Jkt 256245 PO 00000 Frm 00085 Fmt 8010 Sfmt 8010 Q:\50\50V10.TXT PC31sf ra tti ni o n LA P JZ K W 1R 2 w ith D IS T IL LE R